Particularitățile pedepsei penale aplicate minorilor [Articol]

Abstract

As a rule, the criminality committed by minors means only criminal offences, while the term of juvenile delinquency also determines violations other than criminal, as well as acts committed by minors who are under the age of criminal responsibility. The term of juvenile delinquency includes the concept of a juvenile delinquent, which includes both minors who have committed a criminal offence and are criminally liable, as well as minors who have committed harmful acts, but are not criminally liable. The minority of the person who committed the crime must produce special outcomes, when individualizing responsibility and criminal punishment, as a result, it is necessary to take into account the fact that age is an individual feature of the minor who committed a crime. In such a manner, responsibility indicates the level of bio-psycho-social development. The effects of minority of the person who committed the crime, on the individualization of the criminal penalty, can be divided into: mandatory effects and effects of discretionary power. The national law-maker did not establish a separate institution in the criminal law which would establish the particularities of the minor's liability and criminal punishment, although such a legal provision is required to be an imperative one.